SHARPER LEE JONES, APPELLANT,
v.
ISABELL A. JONES, APPELLEE
PER CURIAM.
Paragraph seven of the final judgment, as amended, requires the ex-husband to pay all reasonable and necessary non-elective medical expenses incurred by the ex-wife which are not covered by medicare or other health insurance, as exceeds $100 during any continuous six (6) month period during the two year period following the final judgment. Although this provision is limited in scope and in time, it is not limited in dollar amount or total financial exposure as is necessary in order to limit the ex-husband’s total financial liability to a trial court’s finding of the ex-husband’s present financial ability to provide this item of support. See Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA 1985); Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985). Accordingly, this provision of the final judgment is reversed and remanded to the trial court for reconsideration. The final judgment is otherwise affirmed.
REVERSED IN PART and REMANDED.
ORFINGER, COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (11 total)
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Kremer v. Kremer, 595 So. 2d 214 (Fla. 2d DCA 1992)…e limitations on the maximum costs to the husband of [that] requirement[].” Gay v. Gay, 573 So. 2d 180, 181 (Fla. 2d DCA 1991). No such limitations were provided for here. See also Perez v. Perez, 539 So. 2d 1178 (Fla. 1st DCA 1989); Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA 1986); Richards v. Richards, ill So. 2d 620 (Fla. 5th DCA 1985); Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985). But see Blythe v. Blythe, 592 So. 2d 353 (Fla. 4th DCA 1992). Contra Brandenburg v. Brandenburg, 550 So. 2d 565 (Fla…
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Armstrong v. Faye Armstrong, 623 So. 2d 1216 (Fla. 4th DCA 1993)…reasoned that type of provision is too open-ended and would subject the paying spouse to unlimited financial liability. See e.g., Holtan v. Holtan, 528 So. 2d 79 (Fla. 2d DCA1988), Angle v. Angle, 506 So. 2d 16 (Fla. 2d DCA1987), and Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA1986). In Brandenburg, we also noted conflict with Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA1985); Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA1985); Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA1986).…1 / 2
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Marsh v. Marsh, 553 So. 2d 366 (Fla. 5th DCA 1989)…income in order that he may live and work. REVERSED and REMANDED. DAUKSCH and SHARP, JJ., concur. . See e.g., § 61.30(2)(b), Fla.Stat. . This is reversible error. See Szemborski v. Szemborski, 530 So. 2d 361 (Fla. 5th DCA 1988); Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA 1986); Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA 1985); Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985); Van Metre v. Van Metre, 551 So. 2d 593 (Fla. 2d DCA 1989); Perez v. Perez, 539 So. 2d 1178 (Fla. 1st DCA 1989); Holt…
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- Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985)
- Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA 1985)